Court of Appeal upholds judgment despite bankruptcy of Claimant

01 Jan 2018

Commercial and Regulatory, Property

In a judgment delivered on 21st May 2014 (in Pathania v Adedeji and Bank of Scotland) the Court of Appeal has upheld a judgment obtained by the Claimant in an action pursued by him notwithstanding his intervening bankruptcy.

Following full argument, the Court accepted the submissions of Steven Gasztowicz QC that the bankrupt was not divested of his interest in the cause of action on bankruptcy (as commonly assumed) and that this only passed from him upon a Trustee in Bankruptcy bring formally appointed (which generally occurs much later), and on the facts of the case upheld the judgment obtained by him in the High Court notwithstanding the bankruptcy.

Click here to see the full judgment.